Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. Raw Story Media, Inc. OpenAI Inc. ,

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Legal Tech Monitor

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v. District Chief Judge Nancy Rosenstengel.

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Eric Goldman

NOVEMBER 16, 2024

McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement. McDermott argued that KMC was sophisticated about copyright law because the person who attached the photo to the bio had a journalism background. Matthew McDermott is a freelance photographer. The New York Post story. ” Deterrence.

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Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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CloudNine

MARCH 25, 2024

One of the core obstacles faced by these agencies is the tight timing constraints imposed by laws governing these requests. Failure to meet these deadlines can result in severe consequences. Agencies must redact or withhold certain information to comply with laws.

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Eric Goldman

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. Second, the SAD Scheme is swallowing up the rest of trademark law.

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Debevoise Data Blog

JUNE 22, 2021

Not surprisingly, in these early days of CCPA private actions, plaintiffs are trying to push the boundaries of the law and testing who, when, and why a CCPA claim may be brought. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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Brett Trout

MAY 30, 2024

Design patents protect the overall appearance, visual impressions, artistry, and style of ornamental subject matter. When combining these secondary designs they had to be “so related [to the Rosen reference] that the appearance of certain ornamental features in one would suggest the application of those features to the other.”

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Eric Goldman

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

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Eric Goldman

JANUARY 27, 2024

A victim flagged messages for Snapchat, allegedly to no effect, and law enforcement may have felt like Snapchat ghosted them and then dragged its feet in replying. However, Snapchat eventually turned over the perpetrators’ identities to law enforcement in both cases. The plaintiffs tried again, with the same result. Section 230.

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Eric Goldman

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. In re: StubHub Refund Litigation , No. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. 22-15879 (9th Cir. Citing Sellers v.

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Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

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Eric Goldman

OCTOBER 13, 2024

As usual, a key non-litigant is Rightscorp, which sent 1.3M Grande made a bizarre argument that Grokster overrode decades of common law contributory copyright infringement doctrine, leaving only the inducement doctrine in place. Twitter amended the common law contributory copyright infringement doctrine.

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Eric Goldman

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. ” As the court then explains, there are many circumstances where it’s perfectly appropriate to do so, and where the failure to do so would allow the putative copyright owner to weaponize the court system.

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Attorney at Work

JUNE 6, 2022

How have law firms supported their clients during the COVID-19 pandemic? While law firms may not have all the answers — let’s face it, there is no playbook for this — firms that are flexible, agile and innovative can best serve their clients and stand apart from their competition. Anticipating Changing Needs.

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Attorney at Work

MAY 23, 2022

When you are a first-year associate in a big law firm the way is fraught with booby-traps. A family friend will be graduating from law school this spring and starting his career at a large law firm next fall. You must own up to your shortcomings, failures, and disappointments. 17 ways to stay out of trouble.

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Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. Bright Data didn’t stop.

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CloudNine

JUNE 6, 2024

The law firm day topics hovered mostly on how Generative and Predictive AI are gaining more steam in the legal industry, with the corporate agenda track more focused on change management. This two-day event hosted private practicing attorneys the first day and corporate in-house personnel the second day. What was surprising to me?

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Eric Goldman

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. See this ruling for another example of the same parlor trick).

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Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Joseph v.

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ELTA

NOVEMBER 27, 2022

10:00 – 10:10 7 KEY Fundamentals #1 CREATIVITY 10:40 – 10:55 Coffee Break 11:00 – 11:30 Developing Legal Tech Strategy Sebastian Hartmann, Vice President Alliances of Intapp How to develop an execution-ready technology strategy for your law firm / legal department that aligns with your business / firm strategy? industry clouds).

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Eric Goldman

JANUARY 24, 2024

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.

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Eric Goldman

MARCH 29, 2023

Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] By guest blogger Elizabeth Townsend Gard , John E. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Let’s take a look.

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Eric Goldman

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. FN: I say the 2023 Super Bowl because the Supreme Court necessarily will be taking Internet Law cases every term for the foreseeable future, and each new Internet Law case they take has the capacity to rock our world.] Supreme Court [FN]. Taamneh and Gonzalez v.

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Legal Tech Monitor

OCTOBER 27, 2023

When Jerome “Jerry” Larkin joined the Illinois Attorney Registration and Disciplinary Commission (ARDC) in 1978, he had just graduated from Loyola University Chicago School of Law, spent eight years in the Catholic seminary system, and knew he wanted to dedicate his career to public service. Rinella , 677 N.E.

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MatterSuite

AUGUST 1, 2023

With the complexities of caseloads, litigation processes, and regulatory requirements, it is crucial to adopt a systematic approach to calendaring. Ensuring that legal professionals are always aware of upcoming deadlines, court appearances, and other critical events. Deadlines in a single, easily accessible platform.

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CaseFox

JUNE 29, 2023

Legal motion management is an essential aspect of the litigation process. Whether you are a lawyer, firm, or law student, it is important to know about legal motions. For lawyers, attorneys, and parties involved in the litigation, it is necessary to understand the legal motion practice.

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Debevoise Data Blog

JANUARY 21, 2021

In this post, we look back at the 2020 European data protection landscape and five trends that help companies understand not only where we are, but where data protection enforcement, litigation, and practice may be headed. DPAs face difficulties in making fines stick Regulators appeared to have a difficult time making penalties stick.

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TechLaw Crossroads

JANUARY 12, 2023

This year’s Show gave every appearance of being back to the full throttle pre-pandemic version. I skate to where the puck is going to be, not where it has been Wayne Gretzky Last week, I was back at the sprawling CES (formerly known as the Consumer Electronics Show) in Las Vegas. CES goes out of its way to accommodate the media.

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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Legodesk

NOVEMBER 21, 2021

In today’s digital time, law firms have access to more data than ever before. In today’s digital time, law firms have access to more data than ever before. For law firms that don’t have a data management plan, some important information is compelled to fall through the cracks and not ever make it to the client’s file.

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AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

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Eric Goldman

JUNE 14, 2024

It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious. I vigorously disagree with both rulings, and I wonder if they will survive the inevitable appeals.

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Eric Goldman

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No. 21-869 (May 18, 2023). 569 (1994).

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lawtomated

JUNE 28, 2021

To produce this report Legatics conducted virtual and in-person workshops with over 100 lawyers and held 60 one-to-one interviews with partners and senior stakeholders from 6 participating law firms: overall project partners Herbert Smith Freehills and DLA Piper, together with Pinsent Masons, Reed Smith LLP, Osborne Clarke and Eversheds Sutherland.

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CloudNine

AUGUST 31, 2023

At the start of the discussion panelists covered causes of potential project failures, including lack of buy-in from key stakeholders, little to no project planning, and unclear requirements and accountability. Energy ran high throughout the conference despite the heat and expansive conference grounds.

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